ch4

Document Sample
ch4 Powered By Docstoc
					IC 4-32.2-4
   Chapter 4. Charity Gaming Licenses

IC 4-32.2-4-1
Authorized activities
   Sec. 1. A qualified organization may conduct the following
activities in accordance with this article:
     (1) A bingo event.
     (2) A charity game night.
     (3) A raffle event.
     (4) A door prize event.
     (5) A festival.
     (6) The sale of pull tabs, punchboards, and tip boards.
     (7) Any other gambling event approved by the commission.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-2
License requirement
   Sec. 2. Except as provided in section 3 of this chapter, a qualified
organization must obtain a license under this chapter to conduct an
allowable event.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-2.5
Limitations on issuance
    Sec. 2.5. The commission may deny a license to an organization
if the commission determines that at least one (1) of the following
applies with respect to the organization:
      (1) The organization has:
         (A) violated a local ordinance, a state or federal statute, or
         an administrative rule or regulation and the violation would
         cause the commission to determine that the applicant, a key
         person, or a substantial owner of the applicant is not of good
         moral character or reputation; or
         (B) committed any other act that would negatively affect the
         integrity of charity gaming in Indiana.
      (2) The organization has engaged in fraud, deceit, or
      misrepresentation.
      (3) The organization has failed to provide information required
      by this article or a rule adopted under this article.
      (4) The organization has failed to provide sufficient information
      to enable the commission to determine that the organization is
      a qualified organization.
As added by P.L.227-2007, SEC.16.

IC 4-32.2-4-3
Exceptions to license requirement; notice requirement; record
keeping
   Sec. 3. (a) A qualified organization is not required to obtain a
license from the commission if the value of all prizes awarded at the
bingo event, charity game night, raffle event, door prize event,
festival event, or other event licensed under section 16 of this
chapter, including prizes from pull tabs, punchboards, and tip boards,
does not exceed one thousand dollars ($1,000) for a single event and
not more than three thousand dollars ($3,000) during a calendar year.
   (b) A qualified organization that plans to hold an allowable event
described in subsection (a) more than one (1) time a year shall send
an annual written notice to the commission informing the
commission of the following:
      (1) The estimated frequency of the planned allowable events.
      (2) The location or locations where the qualified organization
      plans to hold the allowable events.
      (3) The estimated value of all prizes awarded at each allowable
      event.
   (c) The notice required under subsection (b) must be filed before
the earlier of the following:
      (1) March 1 of each year.
      (2) One (1) week before the qualified organization holds the
      first allowable event of the year.
   (d) A qualified organization that conducts an allowable event
described in subsection (a) shall maintain accurate records of all
financial transactions of the event. The commission may inspect
records kept in compliance with this section.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.17.

IC 4-32.2-4-4
License applications
   Sec. 4. (a) Each organization applying for a bingo license, a
special bingo license, a charity game night license, a raffle license,
a door prize drawing license, a festival license, or a license to
conduct any other gambling event approved by the commission must
submit to the commission a written application on a form prescribed
by the commission.
   (b) Except as provided in subsection (c), the application must
include the information that the commission requires, including the
following:
     (1) The name and address of the organization.
     (2) The names and addresses of the officers of the organization.
     (3) The type of event the organization proposes to conduct.
     (4) The location where the organization will conduct the
     allowable event.
     (5) The dates and times for the proposed allowable event.
     (6) Sufficient facts relating to the organization or the
     organization's incorporation or founding to enable the
     commission to determine whether the organization is a qualified
     organization.
     (7) The name of each proposed operator and sufficient facts
     relating to the proposed operator to enable the commission to
     determine whether the proposed operator is qualified to serve
     as an operator.
     (8) A sworn statement signed by the presiding officer and
     secretary of the organization attesting to the eligibility of the
     organization for a license, including the nonprofit character of
     the organization.
     (9) Any other information considered necessary by the
     commission.
   (c) This subsection applies only to a qualified organization that
conducts only one (1) allowable event in a calendar year. The
commission may not require the inclusion in the qualified
organization's application of the Social Security numbers of the
workers who will participate in the qualified organization's proposed
allowable event. A qualified organization that files an application
described in this subsection must attach to the application a sworn
statement signed by the presiding officer and secretary of the
organization attesting that:
     (1) the workers who will participate in the qualified
     organization's proposed allowable event are eligible to
     participate under this article; and
     (2) the organization has not conducted any other allowable
     events in the calendar year.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-5
Issuance of license; hearings authorized; protest procedures;
reissuance
   Sec. 5. (a) The commission may issue a bingo license to a
qualified organization if:
      (1) the provisions of this section are satisfied; and
      (2) the qualified organization:
         (A) submits an application; and
         (B) pays a fee set by the commission under IC 4-32.2-6.
   (b) The commission may hold a public hearing to obtain input on
the proposed issuance of an annual bingo license to an applicant that
has never held an annual bingo license under this article.
   (c) The first time that a qualified organization applies for an
annual bingo license, the qualified organization shall publish notice
that the application has been filed by publication at least two (2)
times, seven (7) days apart, as follows:
      (1) In one (1) newspaper in the county where the qualified
      organization is located.
      (2) In one (1) newspaper in the county where the allowable
      event will be conducted.
   (d) The notification required by subsection (c) must contain the
following:
      (1) The name of the qualified organization and the fact that it
      has applied for an annual bingo license.
      (2) The location where the bingo events will be held.
      (3) The names of the operator and officers of the qualified
      organization.
      (4) A statement that any person can protest the proposed
      issuance of the annual bingo license.
      (5) A statement that the commission shall hold a public hearing
      if ten (10) written and signed protest letters are received by the
      commission.
      (6) The address of the commission where correspondence
      concerning the application may be sent.
   (e) If the commission receives at least ten (10) protest letters, the
commission shall hold a public hearing in accordance with
IC 5-14-1.5. The commission shall issue a license or deny the
application not later than sixty (60) days after the date of the public
hearing.
   (f) A license issued under this section:
      (1) may authorize the qualified organization to conduct bingo
      events on more than one (1) occasion during a period of one (1)
      year;
      (2) must state the locations of the permitted bingo events;
      (3) must state the expiration date of the license; and
      (4) may be reissued annually upon the submission of an
      application for reissuance on the form established by the
      commission and upon the licensee's payment of a fee set by the
      commission.
   (g) Notwithstanding subsection (f)(4), the commission may hold
a public hearing for the reissuance of an annual bingo license if at
least one (1) of the following conditions is met:
      (1) An applicant has been cited for a violation of law or a rule
      of the commission.
      (2) The commission receives at least ten (10) protest letters
      concerning the qualified organization's bingo operation.
      (3) A public hearing is considered necessary by the
      commission.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.18.

IC 4-32.2-4-6
Special bingo license
   Sec. 6. The commission may issue a special bingo license to a
qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
license must:
     (1) authorize the qualified organization to conduct a bingo event
     at only one (1) time and location; and
     (2) state the date, beginning and ending times, and location of
     the authorized bingo event.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-7
Charity game night license
   Sec. 7. The commission may issue a charity game night license to
a qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
license must:
     (1) authorize the qualified organization to conduct a charity
     game night at only one (1) time and location; and
     (2) state the date, beginning and ending times, and location of
     the charity game night.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-7.5
Annual charity game night license
   Sec. 7.5. (a) Subject to subsection (h), the commission may issue
an annual charity game night license to a qualified organization if:
      (1) the provisions of this section are satisfied; and
      (2) the qualified organization:
          (A) submits an application; and
          (B) pays a fee set by the commission under IC 4-32.2-6.
   (b) The commission may hold a public hearing to obtain input on
the proposed issuance of an annual charity game night license to an
applicant that has never held an annual charity game night license
under this article.
   (c) The first time that a qualified organization applies for an
annual charity game night license, the qualified organization shall
publish notice that the application has been filed by publication at
least two (2) times, seven (7) days apart, as follows:
      (1) In one (1) newspaper in the county where the qualified
      organization is located.
      (2) In one (1) newspaper in the county where the allowable
      events will be conducted.
   (d) The notification required by subsection (c) must contain the
following:
      (1) The name of the qualified organization and the fact that it
      has applied for an annual charity game night license.
      (2) The location where the charity game night events will be
      held.
      (3) The names of the operator and officers of the qualified
      organization.
      (4) A statement that any person can protest the proposed
      issuance of the annual charity game night license.
      (5) A statement that the commission shall hold a public hearing
      if ten (10) written and signed protest letters are received by the
      commission.
      (6) The address of the commission where correspondence
      concerning the application may be sent.
   (e) If the commission receives at least ten (10) protest letters, the
commission shall hold a public hearing in accordance with
IC 5-14-1.5. The commission shall issue a license or deny the
application not later than sixty (60) days after the date of the public
hearing.
   (f) A license issued under this section:
      (1) may authorize the qualified organization to conduct charity
      game night events on more than one (1) occasion during a
      period of one (1) year;
      (2) must state the locations of the permitted charity game night
      events;
      (3) must state the expiration date of the license; and
      (4) may be reissued annually upon the submission of an
      application for reissuance on the form established by the
      commission and upon the licensee's payment of a fee set by the
      commission.
   (g) Notwithstanding subsection (f)(4), the commission may hold
a public hearing for the reissuance of an annual charity game night
license if at least one (1) of the following conditions is met:
      (1) An applicant has been cited for a violation of law or a rule
      of the commission.
      (2) The commission receives at least ten (10) protest letters
      concerning the qualified organization's charity game night
      operation.
      (3) A public hearing is considered necessary by the
      commission.
   (h) Notwithstanding IC 4-32.2-2-24, this section applies only to:
      (1) a bona fide civic organization; or
      (2) a bona fide veterans organization;
that has been continuously in existence in Indiana for ten (10) years.
A qualified organization that is not described in this subsection may
not apply for an annual charity game night license under this section.
As added by P.L.227-2007, SEC.19.

IC 4-32.2-4-8
Raffle license
   Sec. 8. The commission may issue a raffle license to a qualified
organization upon the organization's submission of an application
and payment of a fee determined under IC 4-32.2-6. The license
must:
     (1) authorize the qualified organization to conduct a raffle event
     at only one (1) time and location; and
     (2) state the date, beginning and ending times, and location of
     the raffle event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.20.

IC 4-32.2-4-9
Annual raffle license
   Sec. 9. (a) The commission may issue an annual raffle license to
a qualified organization if:
     (1) the provisions of this section are satisfied; and
     (2) the qualified organization:
         (A) submits an application; and
         (B) pays a fee set by the commission under IC 4-32.2-6.
   (b) The application for an annual raffle prize license must contain
the following:
     (1) The name of the qualified organization.
     (2) The location where the raffle events will be held.
     (3) The names of the operator and officers of the qualified
     organization.
   (c) A license issued under this section:
     (1) must authorize the qualified organization to conduct raffle
     events at any time during a period of one (1) year;
     (2) must state the locations of the permitted raffle events;
     (3) must state the expiration date of the license; and
     (4) may be reissued annually upon the submission of an
     application for reissuance on the form established by the
     commission and upon the licensee's payment of a fee set by the
     commission.
   (d) A license issued under this section is not required for raffles
permitted under section 13 of this chapter at events held under a
bingo license, a special bingo license, a charity game night license,
a door prize license, or an annual door prize license.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.21; P.L.95-2008, SEC.6.

IC 4-32.2-4-10
Door prize license
   Sec. 10. The commission may issue a door prize license to a
qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
license must:
     (1) authorize the qualified organization to conduct a door prize
     event at only one (1) time and location; and
     (2) state the date, beginning and ending times, and location of
     the door prize event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.22.

IC 4-32.2-4-11
Annual door prize license
   Sec. 11. (a) The commission may issue an annual door prize
license to a qualified organization if:
     (1) the provisions of this section are satisfied; and
     (2) the qualified organization:
         (A) submits an application; and
         (B) pays a fee set by the commission under IC 4-32.2-6.
   (b) The application for an annual door prize license must contain
the following:
     (1) The name of the qualified organization.
     (2) The location where the door prize events will be held.
     (3) The names of the operator and officers of the qualified
     organization.
   (c) A license issued under this section:
     (1) may authorize the qualified organization to conduct door
     prize events on more than one (1) occasion during a period of
    one (1) year;
    (2) must state the locations of the permitted door prize events;
    (3) must state the expiration date of the license; and
    (4) may be reissued annually upon the submission of an
    application for reissuance on the form established by the
    commission and upon the licensee's payment of a fee set by the
    commission.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.23.

IC 4-32.2-4-12
Festival license
    Sec. 12. (a) The commission may issue a festival license to a
qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
license must authorize the qualified organization to conduct bingo
events, charity game nights, raffle events, gambling events licensed
under section 16 of this chapter, and door prize events and to sell pull
tabs, punchboards, and tip boards. The license must state the location
and the dates, not exceeding four (4) consecutive days, on which
these activities may be conducted.
    (b) Except as provided in IC 4-32.2-5-6(c), a qualified
organization may not conduct more than one (1) festival each year.
    (c) The raffle event authorized by a festival license is not subject
to the prize limits set forth in this chapter. Bingo events, charity
game nights, and door prize events conducted at a festival are subject
to the prize limits set forth in this chapter.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.24.

IC 4-32.2-4-13
Additional activities authorized
    Sec. 13. (a) A bingo license or special bingo license may also
authorize a qualified organization to conduct raffle events and door
prize drawings and sell pull tabs, punchboards, and tip boards at the
bingo event.
    (b) A charity game night license may also authorize a qualified
organization to:
      (1) conduct raffle events and door prize drawings; and
      (2) sell pull tabs, punchboards, and tip boards;
at the charity game night.
    (c) A raffle license or an annual raffle license may also authorize
a qualified organization to conduct door prize drawings and sell pull
tabs, punchboards, and tip boards at the raffle event.
    (d) A door prize license or an annual door prize license may also
authorize a qualified organization to conduct a raffle event and to sell
pull tabs, punchboards, and tip boards at the door prize event.
    (e) A PPT license may also authorize a qualified organization to
conduct at any time on the premises described in section 16.5(b) of
this chapter a winner take all drawing in which the qualified
organization retains no portion of the amounts wagered. The total
amount awarded to a patron who participates in a winner take all
drawing may not exceed three hundred dollars ($300).
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.25; P.L.95-2008, SEC.7.

IC 4-32.2-4-14
Multiple licenses
   Sec. 14. A qualified organization may hold more than one (1)
license at a time.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.26.

IC 4-32.2-4-15
Prohibition on limiting the number of organizations licensed
   Sec. 15. The commission may not limit the number of qualified
organizations licensed under this article.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-16
Other events authorized; conditions
   Sec. 16. (a) This section applies to a gambling event that is
described in neither:
     (1) section 1(1) through 1(6) of this chapter; nor
     (2) IC 4-32.2-2-12(b).
   (b) The commission may issue a single event license or an annual
event license to conduct a gambling event approved by the
commission to a qualified organization upon the organization's
submission of an application and payment of a fee determined under
IC 4-32.2-6.
   (c) A single event license must:
     (1) authorize the qualified organization to conduct the gambling
     event at only one (1) time and location; and
     (2) state the date, beginning and ending times, and location of
     the gambling event.
   (d) An annual event license:
     (1) must authorize the qualified organization to conduct the
     events on more than one (1) occasion during a period of one (1)
     year;
     (2) must state the locations of the permitted events;
     (3) must state the expiration date of the license; and
     (4) may be reissued annually upon the submission of an
     application for reissuance on the form established by the
     commission and upon the licensee's payment of a fee set by the
     commission.
   (e) The commission may impose any condition upon a qualified
organization that is issued a license to conduct a gambling event
under this section.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.27.
IC 4-32.2-4-16.5
Annual PPT license
   Sec. 16.5. (a) The commission may issue an annual PPT license
to a qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6.
   (b) A license issued under this section authorizes a qualified
organization to sell pull tabs, punchboards, and tip boards at any time
on the premises owned or leased by the qualified organization and
regularly used for the activities of the qualified organization.
   (c) A license issued under this section is not required for the sale
of pull tabs, punchboards, and tip boards at another allowable event
as permitted under section 13 of this chapter.
   (d) The application for an annual PPT license must contain the
following:
      (1) The name of the qualified organization.
      (2) The location where the qualified organization will sell pull
      tabs, punchboards, and tip boards.
      (3) The names of the operator and the officers of the qualified
      organization.
As added by P.L.227-2007, SEC.28.

IC 4-32.2-4-17
Worker Social Security numbers
   Sec. 17. A qualified organization described in section 4(c) of this
chapter may not require an individual who wishes to participate in
the qualified organization's allowable event as a worker to submit the
individual's Social Security number to the qualified organization.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-4-18
Candidates' committees authorized to obtain raffle licenses and
conduct door prize drawings at raffle events
   Sec. 18. (a) With respect to any action authorized by this section,
a candidate's committee (as defined in IC 3-5-2-7) is considered a
bona fide political organization.
   (b) A candidate's committee may apply for a license under section
8 of this chapter to conduct a raffle event. A candidate's committee
may also conduct a door prize drawing at the raffle event but is
prohibited from conducting any other kind of allowable event.
   (c) The following are subject to this chapter and IC 4-32.2-6:
      (1) A candidate's committee that applies for a license under
      section 8 of this chapter.
      (2) A raffle event or door prize drawing conducted by a
      candidate's committee.
   (d) The members of a candidate's committee may conduct an
event under this section without meeting the requirements of this
article concerning the membership of a qualified organization. A
candidate's committee licensed under this section must remain in
good standing with the election division or the county election board
having jurisdiction over the committee.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.29.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:37
posted:11/7/2011
language:English
pages:11